U. S. Supreme Court
TINKER v. DES MOINES SCHOOL DIST., 393 U.S. 503 (1969)
393 U.S. 503
TINKER ET AL. v DES MOINES INDEPENDENT COMMUNITY SCHOOL
DISTRICT ET AL
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
Argued November 12, 1968.
Decided February 24, 1969
Petitioners, three public school pupils in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government’s policy in Vietnam. They sought nominal damages and an injunction against a regulation that the respondents had promulgated banning the wearing of armbands. The District Court dismissed the complaint on the ground that the regulation was within the Board’s power, despite the absence of any finding of substantial interference with the conduct of school activities. The Court of Appeals, sitting en banc, affirmed by an equally divided court. Held:
1. In wearing armbands, the petitioners were quiet and passive. They were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Claused of the Fourteenth. Pp.505-506.
2. First Amendment rights are available to teachers and students, subject to application in light of special characteristics of the school environment. Pp. 506-507
A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments.
The court held that since the students were quiet and passive, they were not disruptive and did not impinge upon the rights of others. In these circumstances, their conduct was within the protection of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth.